Jharkhand High Court
Dayanidhi Sahu vs The State Of Jharkhand Through ... on 11 August, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:22936
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2953 of 2025
-----
Dayanidhi Sahu, W/o Late Amarjeet Sahu, R/o Village Kasiyadih, P.O. Bakoria,
P.S. Satbarwa, District Palamau, presently working & Posted as Assistant Teacher,
Upgraded Middle School, Rohum, P.O. Marma, P.S. Chandwa, District Latehar
------ Petitioner(s)
Versus
1.The State of Jharkhand through Secretary, School Education & Literacy
Department, at Project Building Dhurwa, Ranchi
2.The Director, Directorate of Primary Education, School Education & Literacy
Department, Government of Jharkhand, Ranchi
3.The Deputy Commissioner, Latehar
4.The District Superintendent of Education, Latehar
------ Respondent(s)
......
CORAM : SRI ANANDA SEN, J.
------
For the Petitioner(s) : Mr. Amit Kr. Tiwari, Advocate
Ms. Nidhi Rani, Advocate
For the State : Ms. Komal Rani, AC to A.G.
.........
04 / 11.08.2025: Heard, learned counsel for the parties.
2. In this writ petition, the petitioner has prayed for following
reliefs:-
"(i)For issuance of appropriate writ(s)/order(s)/direction(s), or a writ in
the nature of Mandamus, commanding upon and directing the
respondents to grant Grade-4 Promotion w.e.f. 01.04.2015, as the
juniors to the petitioner have been granted the said promotion w.e.f.
01.04.2015 (Annexure-4) vide Memo No.156 dated 22.02.2019 and
again vide Memo No.311 dated 27.02.2025 (Annexure-6) but the
petitioner has not been considered and granted the said promotion, which
is wholly arbitrary, unjust & unsustainable in the eye of law.
(ii)Direction upon the respondents to pay the consequential benefits to
the petitioner, at par with the juniors, who have been granted the said
promotion w.e.f. 01.04.2015 vide Memo No.156 dated 22.02.2019.
3. Learned counsel for the petitioner submits that admittedly the
juniors to the petitioner were given promotion with effect from
01.04.2015 whereas this petitioner who was admittedly the senior in
the cadre was promoted with effect from 27.02.2025. He submits that
the reasons for not promoting the petitioner along with his juniors
cannot be sustained as the educational qualification of the petitioner
which is 'Sahitya Alankar' from Hindi Vidyapith, Deoghar is a valid
degree till 26.02.2015 as held by learned Division Bench of this Court
in a batch case being W.P.(C) No.3115 of 2015 (Vijoy Kumar and Others
vs. The State of Jharkhand and Others) and analogous cases.
Since the petitioner has obtained the degree from Deoghar in the
year, 2008, it cannot be said that he did not possess the valid degree.
4. Learned counsel appearing on behalf of the State submits that
admittedly the petitioner is degree holder in 'Sahitya Alankar' from
Hindi Vidyapith, Deoghar and his degree is dated 22.05.2008. It is her
further contention that only vide judgment dated 10th May, 2022 it was
finally decided by this Court that the degrees awarded by Hindi
Vidyapith, Deoghar up to 26.02.2015 is to be deemed to be valid. It is
her contention that the decision to promote had already been taken on
01.04.2015 itself and as on 01.04.2015 by virtue of the notification of the
State Government, this degree was invalid, thus the petitioner was not
promoted in 01.04.2015. Ultimately, he was given promotion with
effect from 27.02.2025. She lastly submits that if the petitioner has got
any grievance he should have availed the alternative remedy available
to him by filing an appeal in terms of Rule 14 of the Bihar Taken Over
Elementary School Teachers' Promotion Rules, 1993.
5. After hearing the learned counsel for the parties, I find that
admittedly the petitioner is a degree holder i.e. 'Sahitya Alankar' from
Hindi Vidyapith, Deoghar. The said degree was conferred upon him
on 22.05.2008. By judgment of learned Division Bench of this Court
passed in W.P.(C) No.3115 of 2015 and other analogous cases, the
Division Bench of this Court has held all the degrees of 'Sahitya
Alankar' from Hindi Vidyapith, Deoghar, after 26.02.2015 is invalid
and no person can take benefit of those degrees, which was issued after
26.02.2015.
6. In this case, admittedly the petitioner had obtained the said
degree much prior to that cut-off date. The petitioner's degree is dated
22.05.2008. This clearly means that the degree of the petitioner is a
valid degree on 01.04.2015.
7. When the promotion of the petitioner was considered on
01.04.2015, by virtue of an executive order the degree issued by Hindi
Vidyapith, Deoghar was treated to be invalid. Admittedly, later the
same got validated by the judgment of Division Bench of this Court.
Thus, the respondents were correct in not considering the case of the
petitioner, but once the decision was rendered by the Division Bench
of this Court that the degree issued by Hindi Vidyapith, Deoghar till
26.02.2015 is valid, the respondents thereafter, should have considered
the case of the petitioner and should have given him the benefit.
Be it noted that ultimately the petitioner where promoted, but
with effect from 27.02.2025. This suggest that the issue of validity of
the degree did not come in the way of such promotion. Once the
degree is treated to be valid, the petitioner's promotion needs to be
considered to bring him at par with the other persons who are
similarly situated and place him in the seniority list above the
employees, who are junior to the petitioner. Since the degree of the
petitioner is valid, the petitioner's case should be considered by the
respondents from the date when his juniors were promoted.
Admittedly, the juniors to the petitioner were promoted with effect
from 01.04.2015, thus the petitioner is also entitled for the same
benefits.
8. Thus, I disposed of this writ petition and direct the respondents
to pass an appropriate order granting promotion to the petitioner from
the date his immediate juniors were promoted.
9. With the aforesaid observations, this writ petition stands
allowed.
(ANANDA SEN, J.)
R.S.
